PARADEEP PHOSPHATES LTD. Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD Mr. B.K. Mohanti, learned senior counsel for the petitioner and Mr. R.P. Kar, learned Additional Standing Counsel for the Revenue.

(2.) THE petitioner, which is a limited company and a TIN dealer and is engaged in manufacturing of different types of fertilizer, has filed this writ petition challenging the order of assessment dated 21.2.2007 passed by the Assistant Commissioner of Sales Tax, Cuttack II Range, Cuttack, for the period from 1.4.2005 to 30.9.2006 under Section 42 of the Orissa Value Added Tax Act, 2004, vide Annexure -1. The limited ground of challenge to the order of assessment is against the rejection of the input tax credit claimed by the petitioner on purchase of furnace oil worth Rs.9,27,53,164/ - on the ground that the furnace oil is not directly used in manufacturing of finished products.

(3.) AS the aforesaid judgment was delivered by this Court on 15.5.2008, the same was not available with the Assessment Officer when the impugned order of assessment was passed on 21.2.2007.